10 Things to Know About Medical Malpractice in NevadaFiled under Medical Malpractice, Personal Injury
When a hospital, doctor, or another medical professional injures a patient as a result of a negligent act, medical malpractice occurs. Unfortunately, medical malpractice is a common occurrence in the state of Nevada. Since it can be a complicated area of law to understand, we’ve created this list of vital information to know about medical malpractice in Nevada.
If you or a loved one has been hurt by a medical professional, it is in your best interest to consult the experienced Las Vegas medical malpractice attorneys at Paul Padda Law. We can help you determine if you have a valid case and ensure your rights remain protected throughout the legal process. Call us at (702) 366-1888 today, or reach out through the online form to schedule a free consultation of your case.
What to Know About NV Medical Malpractice
If you’ve suffered at the hands of a medical professional in Nevada, you should be aware of the following:
1. Medical malpractice claims are filed for many reasons in Nevada.
There are a number of reasons you may file a medical malpractice claim in Nevada. If you were denied medical treatment, not referred to a specialist, issued a misdiagnosis, treated with defective equipment, released too soon from care, or hurt during surgery, you likely have a valid claim.
2. Compensation for economic and non-economic damages can be recovered.
By filing a medical malpractice claim, you may be able to recover compensation for various non-economic and economic damages including medical expenses, lost wages, rehabilitation, emotional distress, pain and suffering, and wrongful death.
3. Medical professionals other than doctors can be held responsible for your injuries.
According to Nevada law, doctors, nurses, chiropractors, dentists, psychologists, optometrists, physical therapists, physician assistants, podiatrists, laboratory directors and technicians, and dietitians are all considered providers of health care that may cause medical malpractice.
4. Nevada places a cap on non-economic damages for medical malpractice claims.
Non-economic damages are hardships injuries cause that don’t involve money. Pain and suffering and emotional distress are two types of non-economic damages. Nevada caps non-economic damages for medical malpractice claims at $350,000.
5. Nevada medical malpractice claims must be filed in a certain amount of time.
Nevada law requires most medical malpractice claims to be filed within three years of when the injury occurred. If someone doesn’t realize they were hurt by a medical provider right away, they have one year from discovering the injury (or one year from the date they should have discovered the injury) to file a claim.
6. Periodic payments may be awarded.
In Nevada, you may request that money be awarded to periodically, rather than in one lump-sum payment. This is only applicable to future damages of at least $50,0000.
7. Medical errors are not always medical malpractice.
An error by a medical professional does not automatically warrant a malpractice claim. To prove medical malpractice, you must show that the health care provider breached the standard level of care. If another medical professional would have had the same result, you likely do not have a valid claim.
8. Four elements that must be proven while filing a claim for medical malpractice in Nevada.
To file a claim and recover compensation for your damages, you must prove:
- A physician or other medical professional had a legal duty to provide care or treatment.
- That medical professional failed to provide an acceptable standard of care.
- Your injury occurred directly as a result of that doctor’s negligence.
- You incurred damages as a result of your injury.
9. You must attend a settlement conference.
All parties involved in a Nevada medical malpractice case must participate in a settlement conference. This conference must occur before a district judge that is different than the one assigned to the case.
10. Medical malpractice may fall under the wrongful death statute of Nevada.
Death caused by medical malpractice may be subject to the wrongful death statute in the state. A wrongful death claim must be filed within two years of the victim’s death by the personal representative, spouse, children, or parents of the deceased.
Contact an NV Medical Malpractice Lawyer Today
If you believe you have a medical malpractice claim, we encourage you to reach out to Paul Padda Law as soon as possible. We are well-versed in medical malpractice laws in Nevada, and will work hard to secure a favorable outcome on your behalf. Contact us today at (702) 366-1888 to schedule a free, initial evaluation of your case.